JUDICIAL:
IN RE: SANDERSON AND KOCH BROILER CHICKEN GROWER LITIGATION, No. 7:18-CV-31-D, 2019 WL 206094 (E.D.N.C. Jan. 15, 2019) On February 21, 2018, Plaintiffs on behalf of themselves and other similarly situated broiler chicken growers, filed a complaint against defendants alleging violations of the Sherman Antitrust Act and the Packers and Stockyards Act. On March 8, 2018, plaintiffs moved the Judicial Panel on Multidistrict Litigation (“JPML”) to consolidate the action with a substantially similar action in the United States District Court for the Eastern District of Oklahoma. On March 27, 2018, the court stayed proceedings pending a decision on the transfer of the case by the JPML. On June 6, 2018, the JPML denied consolidation. On June 26, 2018, the court lifted the stay . On July 13, 2018, defendants moved to dismiss plaintiffs’ complaint on the merits for failure to state a claim or, in the alternative, under the first-filed rule [D.E. 52] and filed a memorandum in support. On August 13, 2018, plaintiffs responded in opposition. On September 4, 2018, defendants replied. The court grants in part defendants’ motion to dismiss and stays this action pending resolution of the action in the Eastern District of Oklahoma.
GREENGATE FRESH, LLLP, an Arizona limited liability limited partnership, Plaintiff, v. TRINITY FRESH PROCUREMENT, LLC, et al., Defendants. Additional Party Names: Paul Abess, No. 218CV03161JAMEFB, 2019 WL 201527 (E.D. Cal. Jan. 15, 2019) On December 26, 2018, Plaintiff filed a Motion for a Preliminary Injunction under the Perishable Agricultural Commodities Act(“PACA”), seeking continued injunctive relief to prevent Defendants from dissipating trust assets. Defendants have not responded. The Court granted Plaintiff’s Motion for a Temporary Restraining Order on December 20, 2018, and modified that order pursuant to the parties’ stipulation on December 27, 2018, Order. The Court grants Plaintiff’s Motion for a Preliminary Injunction.
FRESHPOINT DENVER, INC. & RUBY ROBINSON COMPANY, LLC, Plaintiffs, v. TRINITY FRESH DISTRIBUTION, LLC, et al., Defendants., No. 218CV03183JAMEFB, 2019 WL 201519 (E.D. Cal. Jan. 15, 2019) On December 11, 2018, Plaintiffs filed a Motion for a Preliminary Injunction under the Perishable Agricultural Commodities Act(“PACA”), seeking injunctive relief to prevent Defendants from dissipating trust assets. Defendants have not filed a response. The Court granted Plaintiffs’ Motion for a Temporary Restraining Order on December 20, 2018, TRO Order, and modified that order pursuant to the parties’ stipulation on December 27, 2018, Order. The Court granted Plaintiffs’ Motion for a Preliminary Injunction.
LEGISLATIVE:
H.R. 580: To amend the Federal Land Policy and Management Act of 1976 to improve the transparency and oversight of land conveyances involving disposal or acquisition of National Forest System lands or Bureau of Land Management public lands, to provide protections and certainty for private landowners: Info HERE
H.R. 562: To establish a Department of Agriculture loan program to support mentorship and apprenticeship opportunities for veterans of the Armed Forces to become farmers or ranchers. Info HERE
H.R. 579: To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretaries of the Interior and Agriculture, and for other purposes. Info HERE
H.Res. 45: Congratulating the American Farm Bureau Federation for a long tradition of advocacy on behalf of agriculture and rural America and for holding its 100th annual convention. Info HERE
S. 125: A bill to amend the Agricultural Act of 2014 to repeal the forfeiture rule for peanuts under the nonrecourse marketing assistance loan program, prohibit the use of Federal funds for certain activities, and for other purposes. Info HERE
H.R. 548: To amend the Endangered Species Act of 1973 to vest in the Secretary of the Interior functions under that Act with respect to species of fish that spawn in fresh or estuarine waters and migrate to ocean waters, and species of fish that spawn in ocean waters and migrate to fresh waters. Info HERE
